A.R.S. 13-1602: Criminal Damage

 Whether it is graffiti or destroying property in a bout of anger, criminal damage is a serious crime in Arizona wish harsh penalties. As of late, prosecutors are actively seeking out and charging individuals who damage the property of others’ and if they are convicted they may be facing felony charges, fines and full restitution for the damages. 

If you have been charged with criminal damage, call the criminal defense team at JacksonWhite Law to speak with an experienced criminal defense lawyer who can help you fight your charges. 

 According to A.R.S. 13-1602, a person commits criminal damage in Arizona if they do any of the following: 

1. Recklessly defacing or damaging property of another person.
2. Recklessly tampering with property of another person so as substantially to impair its function or value.
3. Recklessly damaging property of a utility. 
4. Recklessly parking any vehicle in such a manner as to deprive access to the only reasonably available water. 
5. Recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner.
6. Intentionally tampering with utility property. 

*Property of a Utility: This refers to any utility service, such as water or electricity.

*Defacing: Defacing something means to ruin its appearance. One of the most common forms of defacing is graffiti.

*Intentionally: To have “intent”, a court must prove that your objective was to cause a certain result, or that the damage done was intentional and not by accident.

 According to A.R.S. 13-1602, the following are the penalties for criminal damage in Arizona:

1. It is a class 4 felony if a person recklessly damages the property of another person and it results in a damage amount of $10,000 or more. 
2. It is a class 4 felony if the person recklessly damages the property of a utility in an amount of $5,000 or if the person intentionally tampered with the utility property and causes safety hazards for another person. 
3. It is a class 5 felony if the person recklessly damages property of another person resulting in damages of $2,000 or more but less than ten thousand dollars. 
4. It is a class 5 felony if the damage was done to promote, further or assist any criminal street gang or criminal syndicate. 
5. It is a class 6 felony if the person recklessly damages property of another in an amount of one thousand dollars, but up to $2,000.
6. It is a class 1 misdemeanor if the person recklessly damages property of another resulting in damages of more than $250 but less than $1,000. 
7. All other cases of criminal damages are a class 2 misdemeanor. 

 When are court is determining the dollar value of property damage, the court will use three factors: 

1. The cost of labor needed to repair the damage
2. The cost of material to repair the damage
3. The cost of equipment needed to repair the damage. 
4. 
   

Each of these factors is added to the other to determine the total cost to repair the damage that was done and to return the property back to the condition it was in before the damage occurred.  

If you have been convicted of criminal damage in Arizona, a court will determine the total property damages and you must pay the amount the court determines. If you fail to pay the amount the court determines, further financial action can be taken against you as well as further charges may be applied. 

 If you have been charged with criminal damage in Arizona, depending on the severity of the damages, you are facing up to a class 4 felony which in addition to paying for the damages carries a prison sentence. The criminal defense team at JacksonWhite Law has been successfully obtaining the best case results for their clients for many years now, and they are here to help you. 

If you have been charged with criminal damage in Arizona, schedule your free case review today.